Fed. Circ. Backs ITC’s Refusal To Probe False Ad Claims

Law360 (May 1, 2019, 10:32 PM EDT) -- The Federal Circuit on Wednesday affirmed the U.S. International Trade Commission’s decision not to investigate a false advertising complaint that Amarin Pharma Inc. filed against rivals, ruling the ITC can refuse to probe allegations that do not state a proper claim for relief.

In a 2-1 decision, the court held that Amarin’s claim that Royal DSM, Pharmavite and Nordic Natural violated Section 337 of the Tariff Act by falsely labeling their imported products as dietary supplements was based on alleged violations of the U.S. Food, Drug and Cosmetic Act, which only the government can enforce.

“Although Amarin presents its claims as violations of...

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